USCFC General Jurisdiction-Reported

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18-1568 • LAND SHARK SHREDDING, LLC v. USA

Filed 10/21/2019
REPORTED OPINION of the court's October 16, 2019 **SEALED** OPINION and ORDER denying [29] Motion for Judgment on the Administrative Record; and granting [32] CROSS MOTION and RESPONSE filed by USA. The Clerk is directed to enter final judgment for defendant, dismissing plaintiff's complaint, with prejudice. On or before 10/31/2019, the parties shall CONFER and FILE a Notice of filing, attaching a proposed redacted version of this opinion, with any material deemed proprietary blacked out, so that a copy of the opinion can then be made available in the public record of this matter. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made. Modified on 10/22/2019 (jt1).

Keywords: re: Reported Opinion. Post-Award Bid Protest; Preference for a Service-Disabled Veteran-Owned Small Business; Price Reasonableness Inquiry; Limitations on Subcontracting; Permanent Injunction Request. (TQ)

19-371 • MICHALOVIC CRAWLEY, et al. v. USA

Filed 10/21/2019
REPORTED ORDER granting in part and denying in part Motion to Certify Class and denying plaintiffs' request for equitable tolling. Revised proposed notice and revised proposed discovery plan due by 11/1/2019. Signed by Senior Judge Nancy B. Firestone. (lb) Service on parties made.

Keywords: re: Order on Motion to Certify Class, Reported Order. Fair Labor Standards Act; 29 U.S.C. § 216(b); Nationwide Conditional Certification; Common Policy or Plan.

16-830 • BELL et al v. USA

Filed 10/21/2019
REPORTED MEMORANDUM OPINION AND ORDER granting motion to dismiss; dismissing Count I of the complaint; dismissing Count II of the complaint with respect to certain plaintiffs; and entering summary judgment with respect to certain plaintiffs. Joint Status Report due by 11/21/2019. Signed by Judge Lydia Kay Griggsby. (jp) Service on parties made.

Keywords: Subject-Matter Jurisdiction; RCFC 12(b)(1); Failure To State A Claim; RCFC 12(b)(6); Summary Judgment; RCFC 56; Relocation Incentive Pay; 5 U.S.C. §5753; 5 C.F.R. § 575, Subpart B; RCFC 9(k), re: Reported Memorandum Opinion and Order.

14-21 • BALAGNA et al v. USA

Filed 10/18/2019
REPORTED OPINION (Status Report due by 12/2/2019) denying Motion for Partial Summary Judgment; granting [195] Motion for Partial Summary Judgment; denying [196] Motion for Partial Summary Judgment. Signed by Judge Elaine D. Kaplan. (arlr) Service on parties made.

19-937 • LOOKS GREAT SERVICES, INC. v. USA

Filed 10/17/2019
REPORTED ORDER & OPINION GRANTING Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (sb) Service on parties made.REPORTED ORDER & OPINION GRANTING [8] Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (sb) Service on parties made.REPORTED ORDER & OPINION GRANTING [8] Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (sb) Service on parties made.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(1) and (6); Reported Opinion; Reported Order; Fifth Amendment Taking; Breach of Contract; Injunctive Relief; Post-Award; RCFC 12(b)(1) and (b)(6); Motion to Dismiss; Just Compensation; Subject-Matter Jurisdiction; Contract Disputes Act.

19-748 • METROPOLITAN INTERPRETERS AND TRANSLATORS, INC. v. USA

Filed 10/16/2019
REPORTED OPINION of the court's sealed opinion, ECF No. [53], issued on 9/26/2019 denying Motion for Judgment on the Administrative Record; granting [35] Motion for Judgment on the Administrative Record and motion to strike; and granting [36] Motion for Judgment on the Record. The clerk's office is directed to STRIKE the declaration of Ariel H. Collis, ECF No. [32-2] and plaintiff's table, ECF No. [32-3], from the docket in this matter. Additionally, the clerk's office is directed to ENTER final judgment DISMISSING plaintiff's complaint with prejudice. On or before 10/15/2019, counsel for the parties shall CONFER and FILE a notice of filing, attaching a proposed redacted version of this opinion, with any material deemed proprietary blacked out, so that a copy of the opinion can then be made available in the public record of this matter. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Reported Opinion. Motion to Strike; Supplementing the Administrative Record; Fed. R. Evid. 1006; Compliance with Formatting Requirements; Technical Evaluation; Past Performance Evaluation; FAR 8.404(d) (2018); FAR 8.405-2(d) (2018); Denying Permanent Injunctive Relief.

19-839 • NETCENTRICS CORPORATION v. USA

Filed 10/15/2019
REPORTED PUBLIC OPINION denying Plaintiff's motion to stay pending appeal. Signed by Judge Elaine D. Kaplan. (arlr) Service on parties made.

19-149 • SANDWICH ISLES COMMUNICATIONS, INC. v. USA

Filed 10/11/2019
REPORTED OPINION granting Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Senior Judge Loren A. Smith. (sm) Service on parties made.

Keywords: Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); Failure to State a Claim; RCFC 12(b)(6). Re: Order on Motion to Dismiss - Rule 12(b)(1) and (6), Reported Opinion.

13-396 • BARLOW et al v. USA

Filed 10/11/2019
REPORTED MEMORANDUM OPINION AND ORDER approving the parties' settlement agreement. The Clerk is directed to enter judgment pursuant to RCFC 54(b) in the total amount of $456,542.18. Signed by Judge Lydia Kay Griggsby. (jw) Service on parties made.

Keywords: Rails-to-Trails; Fifth Amendment Takings; Class Action; Settlement; Fairness Hearing; RCFC 23(e), re: Reported Memorandum Opinion and Order.

15-938 • CIAPESSONI et al v. USA

Filed 10/11/2019
REPORTED ORDER granting Motion for Attorney Fees. Signed by Senior Judge Loren A. Smith. (mr) Service on parties made.

15-938 • CIAPESSONI et al v. USA

Filed 10/11/2019
REPORTED OPINION granting Motion for Final Approval of Class Action Settlement Agreement. Signed by Senior Judge Loren A. Smith. (Attachments: # (1) Exhibit A, # (2) Exhibit B) (mr) Service on parties made. (Main Document 98 replaced on 10/25/2019 to edit pdf.)

18-1299 • COLUMBUS REGIONAL HOSPITAL v. USA

Filed 10/10/2019
REPORTED OPINION Granting Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Richard A. Hertling. (abg) Service on parties made. Modified on 10/15/2019 - corrected minor typographical errors (jt1).

Keywords: re: Disaster-Relief Grants, Dismissal, RCFC 12(b)(1), Express Contract, Implied-In-Fact Contract, Third Party Beneficiary

19-1160 • AKIRA TECHNOLOGIES, INC. v. USA

Filed 10/10/2019
REPORTED OPINION. Granting government's motion to dismiss plaintiff's complaint - Rule 12(b)(1). Signed by Senior Judge Nancy B. Firestone. (gd) Service on parties made.

Keywords: re: Reported Opinion. Bid Protest; Motion to Dismiss for Lack of Subject Matter Jurisdiction; RCFC 12(b)(1); FASA; 41 U.S.C. § 4106(f); Task Order Modification

19-1116 • ORBITAL MAINTENANCE AND CONSTRUCTION CO v. USA

Filed 10/09/2019
REPORTED OPINION: Reflecting redactions from the opinion and order previously entered on October 1, 2019. Signed by Senior Judge Charles F. Lettow.

Keywords: re Redacted Opinion: Post-award bid protest; standing.

19-1147 • HARMONIA HOLDINGS GROUP, LLC v. USA

Filed 10/09/2019
REPORTED OPINION, unsealing and reissuing OPINION and ORDER. Signed by Senior Judge Loren A. Smith. (mr) Service on parties made.

Keywords: Post-Award Bid Protest; Judgment on the Administrative Record; Bridge Contract; Preliminary Injunction; Permanent Injunction; 48 C.F.R. § 8.405-6; Urgent and Compelling Need. re: Reported Opinion

15-336 • ROCKY MOUNTAIN HELIUM, LLC v. USA

Filed 10/08/2019
REPORTED OPINION denying defendant's MOTION for Summary Judgment on Liability and granting plaintiff's [108] CROSS-MOTION for Summary Judgment on Liability. On or before October 25, 2019, the parties are requested to provide a proposed plan and schedule for addressing damages. Signed by Senior Judge Charles F. Lettow. (lw) Modified docket text on 10/9/2019

Keywords: re: Remanded claim for breach of a settlement agreement; contractual obligations under the settlement agreement; liability

19-892 • LOC PERFORMANCE PRODUCTS, INC. v. USA

Filed 10/07/2019
REPORTED OPINION (Reissuing 9/23/19 Sealed Opinion). Signed by Senior Judge Eric G. Bruggink. (wr) Service on parties made.

Keywords: re: Reported Opinion: Bid protest; post-award bid protest; 28 U.S.C. § 1491(b)(4) (2018); 48 C.F.R. § 15.306 (2018); technical evaluation; competitive range determination; responsibility determination; prejudice.

18-1623 • CONWAY v. USA

Filed 10/03/2019
REPORTED OPINION on CROSS MOTION for Summary Judgment filed by USA, [5] MOTION for Summary Judgment filed by MICHAEL CONWAY (Joint Stipulation or Joint Status Report due by 10/18/2019) Granting in part and Denying in part [5] Motion for Summary Judgment; Granting in part and Denying in part [10] Cross Motion; and Dismissing Count I of the Complaint. Signed by Judge Richard A. Hertling. (ah) Service on parties made.

Keywords: re: Order on Motion for Summary Judgment,, Order on Cross Motion [Dispositive],, Reported Opinion,, Affordable Care Act,, Reinsurance Program,, Right of Offset,, 42 U.S.C. § 18061,, 45 C.F.R. § 156.1215,

10-647 • COLONIAL CHEVROLET CO., INC. et al v. USA

Filed 10/02/2019
REPORTED OPINION The Clerk is directed to enter judgment for the defendant regarding the claims of the representative plaintiffs pursuant to RCFC 54(b). Status Report due by 11/1/2019. Signed by Senior Judge Nancy B. Firestone. (lb) Service on parties made. (Main Document 504 replaced on 10/3/2019 for corrections to pgs. 8 and 11) (ac7).

Keywords: re: Reported Opinion, Fifth Amendment Taking; Government Action Through Coercion; Economic Value in a "But For World"

19-1024 • EMERGENCY PLANNING MANAGEMENT,INC. v. USA

Filed 10/02/2019
REPORTED OPINION denying Motion for Judgment on the Administrative Record; granting [22] Motion for Judgment on the Administrative Record The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (sb) Service on parties madREPORTED OPINION denying [21] Motion for Judgment on the Administrative Record; granting [22] Motion for Judgment on the Administrative Record The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (sb) Service on parties madREPORTED OPINION denying [21] Motion for Judgment on the Administrative Record; granting [22] Motion for Judgment on the Administrative Record The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (sb) Service on parties made.e.e.

Keywords: re: Order on Motion for Judgment on the Admin. Record, Reported Opinion, Reported Order, Pre-award Bid Protest; Rational Basis Standard; Competition in Contracting Act; Bundling; Consolidation; Agency Discretion; Small Business Act; Motion for Permanent Injunction; 28 U.S.C. § 1491(b); Standard for Injunctive Relief

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